Pen term ordered for historic sex crime

A North Shore man will spend six years in the penitentiary for sexual acts with his two young stepsons some 20 years ago.

Superior Court Justice Dan Cornell, who had reserved his decision following a 90-minute sentencing hearing at the Sudbury Courthouse July 23, issued the penalty Thursday along with a lifetime listing on the national sex offenders’ registry, a lifetime weapons ban, and a DNA order.

The man – who cannot be identified due to a publication ban that protects the identities of the two former step-sons – is now 72 years of age and lives in Thunder Bay.

He was convicted by a jury in the spring of the offences of sexual assault, invitation to sexual touching and sexual interference for acts which had been alleged to have occurred between 1993 and 1999 in a small community west of Greater Sudbury.

With one boy, the man touched his genitals. With the other boy, there were repeated acts of touching, mutual masturbation and oral sex.

Assistant Crown attorney Richard Huneault had sought a sentence in the range of five to six-and-a-half years, a DNA order, lifetime listing on the national sex offenders’ registry, and a lifetime weapons ban.

Defence lawyer John Saftic argued for a sentence of 18-36 months.

When given the chance to address the court July 23, the man said “I’ve got nothing to say.”

Back in 1987, the man was sentenced to nine months in jail after being convicted of the offence of gross indecency concerning sexual acts he did with two stepchildren, a fact not lost on Huneault in his sentencing submission.

“He refused to take any counselling,” pointed out Huneault. “ ‘I learned my lesson.’ Yet, within a few years of his release from jail, he’s back at it the very next time he has an opportunity in a common-law relationship.”

Huneault said the man has a complete lack of insight into his conduct and offences, and abused a position of trust.

“They (stepsons) were deserving of his love and protection,” said Huneault. “Instead, he abused the position for his own needs.” Huneault said the boys’ mother is living with “undeserved guilt” that she was not able to prevent the abuse and recognize the signs it was occurring. He said the two now-grown men are living lives fraught with depression, anxiety, suicidal thoughts, substance abuse and guilt, and require ongoing medical help and counselling.

“It’s always a very troubling irony in cases like this that the offender demonstrates a lot less guilt than the people they hurt,” said Huneault.

Saftic said the man is now living a sedentary life in Thunder Bay with a female roommate and they both help each other deal with their health issues He is 72 and has been classed at a low to moderate risk to reoffend.

The lawyer said the aggravating factor in the case was taking advantage of young persons while in a position of authority.

Saftic said mitigating facts included that no threats of violence were made to the two stepsons, alcohol was not a factor, and no violence occurred when the sexual acts took place.